Rader v. Simmons

Order unanimously reversed upon the law, with ten dollars costs and taxable disbursements to the plaintiff, and motion granted, without costs.

The defendant’s right to retain the moneys taken from the possession of the plaintiff on the occasion of the latter’s arrest may only be derived from section 435-4.0 of the Administrative Code of the City of New York. This section is construed as applying only to the retention of moneys to be used as evidence or which constitute the proceeds of a crime with which the plaintiff had *138been formally charged. Defendant does not contend that the moneys are…